GOP appointee Bob Spindell pressed the Elections Commission to be more aggressive in reviewing issues at Milwaukee’s central count that led to delays in reporting results from the Aug. 11 primary, saying he didn’t want the issue covered up.

That drew a rebuke from Dem commissioner Mark Thomsen, who responded, “There was no cover-up of anything.”

On primary night, Milwaukee election officials downloaded audit log reports from five tabulators at central count rather than the unofficial results. The mistake was discovered after officials had departed for the Milwaukee County Clerk’s office to upload the results, requiring city officials to head back to central count to download the correct information. The uploaded results expanded Milwaukee County Executive David Crowley’s lead over state Rep. Francesca Hong, D-Madison, in the race for the Dem gubernatorial nomination.

The commission’s agenda yesterday included a proposed letter directing the Milwaukee Election Commission to take a series of actions, including making public the audit logs of each tabulator used at central count to show no unauthorized activity occurred.

The city ahead of yesterday’s meeting sent a letter to the state agency that provided an overview of what happened and again insisted it didn’t “affect the security, tabulation or accuracy of the election results, nor did the error prevent or impede any voter from casting a ballot.”

The Milwaukee Election Commission also promised to make public by Friday copies of audit logs and other records from central count.

Thomsen questioned whether the Wisconsin Election Commission needed to send the original letter that had been proposed considering what the city had already produced.

“We do not need to turn my city into a whipping post,” Thomsen said.

But Spindell, who has served on the Milwaukee Election Commission, argued Republicans in particular had the impression that something is amiss with the vote totals being reported by Milwaukee’s central count after several high-profile missteps. With a nationally watched gubernatorial race on the ballot this November, Spindell argued the commission needed to demand records to prove no votes were tallied at central count after the logs were downloaded improperly.

Some conservatives have alleged without evidence the Milwaukee results were delayed to sway the primary to Crowley.

“Let’s get rid of this festering,” Spindell said.

Dem Commissioner Ann Jacobs argued to Spindell that records already exist proving no additional ballots were cast.

Meanwhile, the commission agreed to end its investigation into duplicate ballots being sent to Green Bay voters in back-to-back elections. The motion includes directing staff to draft a proposed order on whether former Green Bay Clerk Cestine Jeffreys violated the law or abused her discretion. Staff said the agency has learned as much as it could about the incident, particularly with Jeffreys no longer the clerk after she resigned.

GOP Chair Don Millis said at a minimum he believes there was an abuse of discretion.

“I would look to staff to cite chapter and verse as to whether there were actions taken contrary to the law,” he said.

The commission will meet Sept. 9 to consider a final decision in the Green Bay case.

The commission also approved a communication to clerks instructing them to send absentee ballots to voters on time after a federal judge blocked the U.S. Postal Service from implementing a new rule that would place new restrictions on mail-in voting.

The communication comes as many clerks plan to begin mailing their first batches of absentee ballots as early as tomorrow, according to the commission.

The communication notes there’s a hearing in the case scheduled for Thursday, and additional appeals may occur before the election, though the “likelihood that any court will allow the rule to go back into effect lessens as we get closer to Election Day.”

“It is too late for Wisconsin, or any state, to make significant changes to election law, policy, or procedure because voting is underway,” according to a FAQ sheet for clerks included in the communication. 

The rule, put forward after an executive order by President Donald Trump, would add new requirements for mailing federal election ballots. That includes a barcode on all outgoing and inbound absentee ballot envelopes and registering each ballot sent through the mail.  

The communication to clerks notes there is currently no portal for states to input the required information under the now blocked rule.

The commission met in closed session for a litigation update before approving the communication in public session without discussion.